{ Adopted on: 28 June 1992 }
[Preamble]
Unwavering in their faith and with an unswerving will to safeguard and develop
a state which is established on the inextinguishable right of the Estonian people
to national self-determination and which was proclaimed on February 24, 1918,
which is founded on liberty, justice and law, which shall serve to protect internal
and external peace and provide security for the social progress and general
benefit of present and future generations, which shall guarantee the preservation
of the Estonian nation and its culture throughout the ages, the Estonian people
adopted, on the basis of Article 1 of the Constitution which entered into force
in 1938, by Referendum held on June 28, 1992 the following Constitution:
Article 1 [Sovereignty]
(1) Estonia is an independent and sovereign democratic republic
wherein the supreme power of the state is held by the people.
(2) Estonian independence and sovereignty is interminable and
inalienable.
Article 2 [Territory]
(1) The land area, territorial waters and airspace of Estonia are
an inseparable and indivisible whole.
(2) Estonia is politically a unitary state wherein the division of
its territory into administrative units shall be determined by law.
Article 3 [Rule of Law, International Law]
(1) Governmental power shall be exercised solely on the basis
of this Constitution and such laws which are in accordance with
the Constitution. Universally recognized principles and norms
of international law shall be an inseparable part of the Estonian
legal system.
(2) Laws shall be published in the prescribed manner. Only
laws which have been published shall have obligatory force.
Article 4 [Separation of Powers]
The work of the Parliament, the President of the Republic, the
Government of the Republic, and the courts shall be organized
on the principle of separate and balanced powers.
Article 5 [Natural Resources]
The natural wealth and resources of Estonia are national assets,
which shall be used sparingly.
Article 6 [Language]
The official language of Estonia is Estonian.
Article 7 [Symbols]
The national colors of Estonia are blue, black and white. The
dimensions of the national flag and the national coat-of-arms
shall be determined by law.
Chapter II Fundamental Rights, Liberties, and Duties
Article 8 [Citizenship]
(1) Every child with one parent who is an Estonian citizen shall
have the right, by birth, to Estonian citizenship.
(2) Everyone who as a minor lost his or her Estonian
citizenship shall have the right to have his or her citizenship
restored.
(3) No person who has acquired Estonian citizenship by birth
may be deprived of it.
(4) No person may be deprived of Estonian citizenship because
of his or her persuasion.
(5) Conditions and procedures for the acquisition, loss and
restoration of Estonian citizenship shall be determined by the
Law on Citizenship.
Article 9 [Subjects]
(1) The rights, liberties, and duties of everyone and all persons,
as listed in the Constitution, shall be equal for Estonian citizens
as well as for citizens of foreign states and stateless persons
who are present in Estonia.
(2) The rights, liberties, and duties listed in the Constitution
shall be extended to legal entities, to the extent that this is in
accordance with the general aims of the legal entities, and with
the nature of such rights, liberties and duties.
Article 10 [Other Rights]
The rights, liberties, and duties enumerated in the
present Chapter shall not preclude other rights, liberties or
duties which ensue from the spirit of the Constitution or are in
accordance therewith and are compatible with human dignity
Article 11 [Restrictions]
Rights and liberties may be restricted only in accordance with
the Constitution. Restrictions may be implemented only insofar
as they are necessary in a democratic society, and their
imposition may not distort the nature of rights and liberties.
Article 12 [General Equality, No Discrimination]
(1) All persons shall be equal before the law. No one may be discriminated against
on the basis of nationality, race, color, sex, language, origin, creed, political
or other persuasions, financial or social status, or other reasons.
(2) The propagation of national, racial, religious or political
hatred, violence or discrimination is prohibited and punishable
by law. The propagation of hatred, violence or discrimination
between social strata is equally prohibited and punishable by
law.
Article 13 [Right to Protection]
(1) Everyone shall have the right to the protection of the state
and the law. The Estonian state shall extend to foreign
countries its protection of its citizens.
(2) The law shall protect everyone against arbitrary treatment
by state authorities.
Article 14 [Binding on Powers]
Guaranteeing rights and liberties shall be the responsibility of
the legislative, executive, and judicial powers, as well as of
local government.
Article 15 [Access to Courts]
(1) Everyone has the right to appeal to a court of law if his or
her rights or liberties have been violated. Everyone whose case
is being tested by a court of law shall be entitled to demand any
pertinent law, other legal act or procedure to be declared
unconstitutional.
(2) The courts shall observe the Constitution and shall declare
as unconstitutional any law, other legal act or procedure which
violates the rights and liberties laid down in the Constitution or
which is otherwise in conflict with the Constitution.
Article 16 [Right to Life]
Everyone has the right to life. This right is protected by law.
No one shall be arbitrarily deprived of his or her life.
Article 17 [Honor]
No one's honor or reputation may be defamed.
Article 18 [No Torture or Cruel Punishment]
(1) No one may be subjected to torture or to cruel or degrading
treatment or punishment.
(2) No one may be subjected to medical or scientific
experiments without his or her freely given consent.
Article 19 [Right to Self-Realization]
(1) Everyone shall have the right to free self-realization.
(2) In exercising their rights and liberties and fulfilling their
duties, everyone must respect and consider the rights and
liberties of other persons and observe the law.
Article 20 [Personal Freedom]
(1) Everyone shall have the right to liberty and security of
person. No one shall be deprived of his or her liberty, except
in such cases and procedures as determined by law:
1) to execute a sentence or an arrest warrant issued by a court
of law;
2) in cases of disregard for an instruction by a court of law or
in order to ensure the fulfillment of obligations determined by
law;
3) to prevent a criminal act or the infringement of a civil law,
or to bring a person who is justifiably suspect before a
competent public authority, or to forestall his or her
escape;
4) to arrange for a juvenile to be placed under supervision or to
bring him or her before a competent public authority to
determine whether supervision is required;
5) to place a person suffering from an infectious disease, mental
illness, alcoholism or drug abuse in custody, if he or she is a
danger to themselves or others;
6) to bar illegal settlement in Estonia and to enable expulsion
from Estonia or extradition to a foreign state.
(2) No one shall be deprived of his or her liberty merely on the
grounds of inability to fulfil a contractual obligation.
Article 21 [Custody, Arrest]
(1) Anyone deprived of his or her liberty shall be informed
promptly, and in such a language and manner which he or she
understands, of the reason for the arrest, and his or her rights,
and shall be given the opportunity to notify his or her family
about the arrest. A suspected offender shall also be promptly
given the opportunity to choose a legal adviser and to confer
with him or her. The right of a suspected offender to notify his
or her family of the arrest may only be restricted in such cases
and procedures as determined by law, for the purpose of
preventing a criminal act or in the interest of establishing facts
in a criminal investigation.
(2) No one may be held in custody for more than forty-eight
hours without specific permission by a court. Such a decision
shall be promptly made known to the person in custody, in such
a language and manner which he or she understands.
Article 22 [Presumption of Innocence, Right Against Self-Incrimination]
(1) No one may be held guilty of a criminal offence before a
guilty verdict by a court has been delivered against that person.
(2) No one shall be required during a criminal investigation to
prove his or her innocence.
(3) No one may be compelled to give testimony against
themselves, or against close family.
Article 23 [Nulla Poena Sine Lege]
(1) No one may be pronounced guilty of an act, if that act did
not constitute a crime under a law which was in effect at the
time the act was committed.
(2) No one may be given a more severe sentence than the one
which was applicable at the time the offence was committed.
If, subsequent to the offence being committed, a lighter
sentence is determined by law, this lighter sentence shall be
applied.
(3) No one may be tried or sentenced for a second time for an
offence for which he or she has already been finally convicted
or acquitted in accordance with the law.
Article 24 [Right to Fair Trial]
(1) No one may be transferred against his or her will from the
jurisdiction of a court, which has been determined by law, to
the jurisdiction of another court.
(2) Everyone shall have the right to be present during his or her
trial.
(3) Court hearings shall be public. The court may, in such
cases and procedures as determined by law, decide to hold its
hearings, wholly or in part, in closed session, for the protection
of state or business secrets, public morals or the family life or
privacy of persons, or where the interests of juveniles, the
victim or justice so require.
(4) Court judgements shall be made public, unless the interests
of a juvenile, a matrimonial partner or a victim require
otherwise.
(5) Everyone shall have the right to appeal to a higher court
against a judgement by a court in his or her case, in accordance
with procedures determined by law.
Article 25 [Right to Compensation]
Everyone shall have the right to compensation for moral and
material injuries caused by anyone's unlawful action.
Article 26 [Family, Privacy]
Everyone shall have the right to inviolability of family life and
privacy. State and local government authorities and their
officials may not interfere with any person's family life or
privacy, except in such cases and procedures as determined by
law for the protection of health or public morals, public order,
the rights and liberties of other persons, the prevention of a
crime or the apprehension of a criminal.
Article 27 [Protection of Family]
(1) The family being fundamental for the preservation and
growth of the nation, and as the basis for society, shall be
protected by the state.
(2) Spouses shall have equal rights.
(3) Parents shall have the right and the responsibility for the
raising and care of their children.
(4) The protection of parents and children shall be determined
by law.
(5) The family shall be responsible for the care of dependent
members.
Article 28 [Welfare Rights]
(1) Everyone shall have the right to health care. Estonian
citizens shall be entitled to state assistance in the case of old
age, inability to work, loss of provider, and need. The
categories, the extent, and the conditions and procedures for
assistance shall be determined by law. Unless otherwise
determined by law, this right shall exist equally for Estonian
citizens and citizens of foreign states and stateless persons who
are present in Estonia.
(2) The state shall encourage voluntary and local government
social care.
(3) Families with many children and the disabled shall be
entitled to special care by state and local authorities.
Article 29 [Right to Profession]
(1) Estonian citizens shall have the right to freely choose his or
her field of activity, profession and place of work. The
conditions and procedures for exercising this right may be
determined by law. Unless otherwise determined by law, this
right shall exist equally for Estonian citizens and citizens of
foreign states and stateless persons who are present in Estonia.
(2) No one may be compelled against his or her free will to
perform work or service, except military or alternative service,
or work required to prevent the spread of infectious diseases, or
in cases of natural disasters or catastrophes, or work which by
law is required of a person convicted of a crime.
(3) The state shall organize vocational education and assist in
finding work for persons seeking employment.
(4) Working conditions shall be under state supervision.
(5) Employers and employees may freely join unions and
associations. Unions and associations of employees and
employers may for the protection of their rights and legal
interests use any means not prohibited by law. The conditions
and procedures for exercising the right to strike shall be
determined by law.
(6) Procedures for settling labor disputes shall be determined by
law.
Article 30 [Public Office]
(1) Positions in state and local government shall be filled by
Estonian citizens, in accordance with procedures determined by
law. In accordance with the law, such positions may in
exceptional cases be filled by foreign citizens or stateless
persons.
(2) The law may restrict the right of some categories of civil
servants to engage in commercial activities and to form
profit-making associations (Article 31), as well as the right to
join political parties and some other non-profit
associations (Article 48).
Article 31 [Right to do Business]
Estonian citizens shall have the right to engage in commercial
activities and to form profit-making associations and leagues.
The law may determine conditions and procedures for the
exercise of this right. Unless otherwise determined by law, this
right shall exist equally for Estonian citizens and citizens of
foreign states and stateless persons who are present in Estonia.
Article 32 [Property]
(1) The property rights of everyone are inviolable and enjoy equal protection.
No property shall be expropriated without the consent of the owner except in
cases of public interest, in accordance with procedures determined by law, and
in exchange for equitable and appropriate compensation. Anyone whose property
has been expropriated without his or her consent shall have the right to appeal
to a court and to contest the expropriation, and the nature and amount of compensation.
(2) Everyone shall have the right to freely manage, use and
command his or her property. Restrictions shall be determined
by law. Property may not be used against the public interest.
(3) The law may establish, in the public interest, categories of
property in Estonia which are reserved for ownership by
Estonian citizens, certain categories of legal entities, local
government or the Estonian state.
(4) The right of inheritance is guaranteed.
Article 33 [Home]
The home is inviolable. No one may forcibly enter or search
anyone's dwelling, property or place of work, except in such
cases and in accordance with procedures determined by law for
the protection of public order or health, or the rights and
liberties of others, or in order to prevent a criminal act, to
capture a criminal offender or to establish facts in a criminal
investigation.
Article 34 [Freedom to Move]
All persons legally present in Estonia shall have the right to
freedom of movement and choice of abode. The right to
freedom of movement may be restricted only in cases and in
accordance with procedures determined by law for the
protection of the rights and liberties of others, in the interest of
national defense, in the event of a natural disaster or a
catastrophe, or in order to prevent the spread of infectious
diseases, to protect the environment, to avoid leaving a juvenile
or mentally ill person without supervision or to ensure criminal
proceedings.
Article 35 [Freedom to Leave]
Everyone shall have the right to leave Estonia. This right may
be restricted in cases and in accordance with procedures
determined by law for the purpose of ensuring court or pre-trial
proceedings or the execution of a judgement.
Article 36 [Right Against Extradition]
(1) No Estonian citizen may be deported from Estonia or
prevented from settling in Estonia.
(2) No Estonian citizen may be extradited to a foreign state,
except in cases prescribed by a foreign treaty, and in
accordance with procedures determined by the applicable treaty
and law. Extradition shall be decided by the Government of the
Republic. Anyone whose extradition is sought shall be entitled
to contest the extradition in an Estonian court.
(3) Every Estonian shall have the right to settle in Estonia.
Article 37 [Education]
(1) Everyone shall have the right to an education. Education
shall be compulsory for school-age children to the extent
specified by law, and free of school fees in state and local
government general education schools.
(2) In order to make education available, state and local
governments shall maintain the necessary number of educational
institutions. As determined by law, other educational
institutions may be established, including private schools.
(3) Parents shall have the final decision in choosing education
for their children.
(4) Everyone shall have the right to instruction in Estonian.
Educational institutions established for minorities shall choose
their own language of instruction.
(5) The provision of education shall be supervised by the state.
Article 38 [Freedom of Science and Teaching]
(1) Science and the arts, and their instruction, shall be able to
exist freely.
(2) Universities and research institutions shall be autonomous,
within the limits prescribed by law.
Article 39 [Right to Intellectual Property]
Authors shall have the inalienable right to their work. The state
shall protect intellectual property rights.
Article 40 [Freedom of Religion]
(1) Everyone shall have freedom of conscience, religion and thought.
(2) Everyone may freely belong to a church or a religious
association. There shall be no state church.
(3) Everyone shall have the freedom, either alone or in
community with others and in public or private to practice his
or her religion, unless it endangers public order, health or
morals.
Article 41 [Freedom of Belief]
(1) Everyone shall have the right to hold his or her opinions
and persuasions. No one may be coerced to change them.
(2) Persuasions cannot be pleaded as an excuse for a legal
offence.
(3) No one may be legally charged because of his or her
persuasions.
Article 42 [Privacy of Religion and Belief]
No state or local government authority or their officials may
collect or store information on the persuasions of any Estonian
citizen against his or her free will.
Article 43 [Secrecy of Communication]
Everyone shall be entitled to secrecy of messages transmitted by
him or to him by post, telegram, telephone or other generally
used means. Exceptions may be made on authorization by a
court, in cases and in accordance with procedures determined
by law in order to prevent a criminal act or for the purpose of
establishing facts in a criminal investigation.
Article 44 [Right to Information]
(1) Everyone shall have the right to freely receive information
circulated for general use.
(2) At the request of Estonian citizens, and to the extent and in
accordance with procedures determined by law, all state and
local government authorities and their officials shall be
obligated to provide information on their work, with the
exception of information which is forbidden by law to be
divulged, and information which is intended for internal use
only.
(3) Estonian citizens shall have the right to become acquainted
with information about themselves held by state and local
government authorities and in state and local government
archives, in accordance with procedures determined by law.
This right may be restricted by law in order to protect the rights
and liberties of other persons, and the secrecy of children's
ancestry, as well as to prevent a crime, or in the interests of
apprehending a criminal or to clarify the truth for a court case.
(4) Unless otherwise determined by law, the rights specified
in Paragraphs (2) and (3) shall exist equally for Estonian
citizens and citizens of other states and stateless persons who
are present in Estonia.
Article 45 [Freedom of Speech]
(1) Everyone shall have the right to freely circulate ideas, opinions, persuasions,
and other information by word, print, picture and other means. This right may
be restricted by law for the purpose of protecting public order or morals, or
the rights and liberties, health, honor and reputation of others. The law may
likewise restrict this right for state and local government officials, for the
purpose of protecting state or business secrets or confidential communication,
which due to their service the officials have access to, as well as of protecting
the family life and privacy of other persons, and in the interests of justice.
(2) There shall be no censorship.
Article 46 [Right to Petition]
Everyone shall have the right to petition state and local
government authorities and their officials with memoranda and
applications. Procedures for responding shall be determined by
law.
Article 47 [Right to Assemble]
Everyone shall have the right, without prior permission, to
peacefully assemble and conduct meetings. This right may be
restricted in cases and in accordance with procedures
determined by law for the purpose of national security, public
order or morals, traffic safety and the safety of the participants
in such meetings or to prevent the spread of infectious diseases.
Article 48 [Right to Associate]
(1) Everyone shall have the right to form non-profit associations
and leagues. Only Estonian citizens may be members of
political parties.
(2) The establishment of associations and leagues possessing
weapons or organized in a military fashion or conducting
military exercises requires a prior permit, the issuing of which
shall be in accordance with conditions and procedures
determined by law.
(3) Associations, leagues or political parties whose aims or
activities are directed towards the violent change of the
Estonian constitutional system or otherwise violate a criminal
law shall be prohibited.
(4) The termination or suspension of the activities of an
association, a league or a political party, and its penalization,
may only be invoked by a court, in cases where a law has been
violated.
Article 49 [Ethnic Identity]
Everyone shall have the right to preserve his or her ethnic
identity.
Article 50 [Minority Rights]
Ethnic minorities shall have the right, in the interests of their
national culture, to establish institutions of self-government in
accordance with conditions and procedures determined by the
Law on Cultural Autonomy for Ethnic Minorities.
Article 51 [Right to Administrative Help]
(1) Everyone shall have the right to address a state or local
government authority and their officials in Estonian, and to
receive answers in Estonian.
(2) In localities where at least half of the permanent residents
belong to an ethnic minority, everyone shall have the right to
receive answers from state and local government authorities and
their officials in the language of that ethnic minority.
Article 52 [Official Language]
(1) The official language of state and local government
authorities shall be Estonian.
(2) In localities where the language of the majority of the
population is other than Estonian, local government authorities
may use the language of the majority of the permanent residents
of that locality for internal communication to the extent and in
accordance with procedures determined by law.
(3) The use of foreign languages, including the languages of
ethnic minorities, by state authorities and in court and pre-trial
proceedings shall be determined by law.
Article 53 [Preservation of Human and Natural Environment]
Everyone shall be obligated to preserve human and natural
environment and to compensate for damages caused by him or
her to the environment. The procedures for compensation shall
be determined by law.
Article 54 [Loyalty, Right to Resistance]
(1) It shall be the duty of every Estonian citizen to be loyal to
the constitutional system of government and to defend the
independence of Estonia.
(2) Where no other means are available, every Estonian citizen
shall have the right to take spontaneous action against any
forcible change of the constitutional system.
Article 55 [Foreign and Stateless Persons]
Citizens of foreign states and stateless persons present in
Estonia are obligated to respect the Estonian constitutional
system of government.
Article 56 [Sovereignty]
The people shall exercise their supreme power through citizens who have the
right to vote by:
1) electing the Parliament;
2) participating in referenda.
Article 57 [Right to Vote]
(1) The right to vote shall belong to every Estonian citizen who
has attained the age of eighteen.
(2) An Estonian citizen who has been declared mentally
incompetent by a court of law shall not have the right to vote.
Article 58 [Inability to Vote]
The participation in elections of Estonian citizens who have
been convicted by a court of law and who are serving a
sentence in a place of detention may be restricted by law.
Article 59 [Legislative Power]
Legislative power shall rest with the Parliament.
Article 60 [Membership]
(1) The Parliament shall be comprised of one hundred and one
members. Members of the Parliament shall be elected in free
elections on the principle of proportionality. Elections shall be
general, uniform and direct. Voting shall be secret.
(2) Every citizen entitled to vote who has attained 21 years of
age may be a candidate for the Parliament.
(3) Regular elections to the Parliament shall be held on the first
Sunday in March every fourth year following the year of
previous elections to the Parliament.
(4) Early elections to the Parliament shall be held, in the cases
prescribed by Articles 89, 97, 105 and 119,
no earlier than twenty, and no later than forty days after
elections have been declared.
(5) The procedures for the election of the Parliament shall be
determined by the Law On the Parliament Elections.
Article 61 [Constitution]
(1) The authority of the members of the Parliament shall
commence on the day the results of the elections have been
announced. The authority of the previous complement of the
Parliament shall cease from that same day.
(2) Before beginning to fulfil his or her duties, a member of the
Parliament shall take an oath of office affirming his or her
loyalty to the Republic of Estonia and its constitutional system.
Article 62 [Free Mandate]
A member of the Parliament shall not be tied to his or her
mandate, nor be held legally responsible for his or her votes or
political statements which he or she has made in the Parliament
or any of its bodies.
Article 63 [Incompatibility]
(1) A member of the Parliament may not hold any other public
office.
(2) A member of the Parliament shall be released from the
responsibility to serve in the defense forces for the duration of
his or her term.
Article 64 [Suspension, Termination]
(1) The authority of a member of the Parliament shall be
suspended on his or her appointment as a member of the
Government of the Republic, and shall be restored on his or her
being released from the duties as a member of government.
(2) The authority of a member of the Parliament shall be
prematurely terminated:
1) on he or she assuming another public office;
2) on a guilty verdict by a court against him or her entering
into force;
3) on he or she resigning in accordance with procedures
determined by law;
4) if the National Court has pronounced him or her to be
permanently incapable of fulfilling his or her duties;
5) on his or her death.
(3) When the authority of a member of the Parliament has been
suspended or prematurely terminated, an alternate member shall
assume his or her seat, in accordance with procedures
determined by law. The alternate member shall have all the
rights and duties of a member of the Parliament.
(4) The authority of an alternate member shall cease when a
member of the Parliament resumes his or her authority.
Article 65 [Functions]
The Parliament shall:
1) adopt laws and resolutions;
2) decide on the conducting of referenda;
3) elect the President of the Republic in accordance
with Article 79;
4) ratify and denounce foreign treaties in accordance
with Article 121;
5) authorize the candidate for Prime Minister to form the
Government of the Republic;
6) adopt the national budget and approve the report on its
execution;
7) appoint, on proposal by the President of the Republic, the
Chairman of the National Court, the Chairman of the Council
of the Bank of Estonia, the Auditor-General, the Legal
Chancellor, and the Commander or Commander-in-Chief of the
Defense Forces;
8) appoint, on proposal by the Chairman of the National Court,
judges for the National Court;
9) appoint members of the Council of the Bank of
Estonia;
10) decide, on proposal by the Government, on the issue of
Government loans and the undertaking of other financial
obligations by the state;
11) present statements, declarations and appeals to the Estonian
people, foreign states and international organizations;
12) establish national orders of merit and military and
diplomatic ranks;
13) decide on votes of no-confidence in the Government of the
Republic, the Prime Minister or individual ministers;
14) declare a state of emergency in the nation in accordance
with Article 129;
15) on proposal by the President of the Republic declare a state
of war, order mobilization and demobilization;
16) resolve all issues of government which, according to the
Constitution, are not to be resolved by the President of the
Republic, the Government of the Republic, other state bodies or
local government.
Article 66 [First Session]
The first session of the complement of the new Parliament shall
take place within ten days of the announcement of the results of
the Parliament elections. The first session shall be convened by
the President of the Republic.
Article 67 [Regular Sessions]
Regular sessions of the Parliament shall take place from the
second Monday of January to the third Thursday of June, and
from the second Monday of September to the third Thursday of
December.
Article 68 [Extraordinary Sessions]
Extraordinary sessions of the Parliament shall be convened by
the Speaker of the Parliament, on the demand of the President
of the Republic, the Government of the Republic or at least one
fifth of the complement of the Parliament.
Article 69 [Speaker]
The Parliament shall elect from among its members the
Chairman of the Parliament (Speaker) and two Deputy
Chairmen (Deputy Speakers), who shall direct the work of the
Parliament, in accordance with the Law On the Parliament
By-Laws and the Law On the Parliament Proceedings.
Article 70 [Quorum]
The quorum for the Parliament shall be determined by the Law
On the Parliament By-Laws. In an extraordinary session, the
Parliament shall have a quorum when over half of its
complement is present.
Article 71 [Committees, Factions]
(1) The Parliament shall establish committees.
(2) Members of the Parliament shall have the right to form
factions.
(3) Procedures for establishing committees and factions, and
their powers, shall be determined by the Law On the Parliament
By-Laws.
Article 72 [Publicity]
(1) Parliament sessions shall be public, unless the Parliament,
by a majority of two-thirds, decides otherwise.
(2) Voting in the Parliament shall be public. Voting by secret
ballot shall only be held in cases prescribed by the Constitution
or the Parliament By-Laws in matters concerning the election or
appointment of officials.
Article 73 [Majority]
Legal acts of the Parliament shall be adopted with a majority of
yes-votes, unless otherwise prescribed by the Constitution.
Article 74 [Questioning Government]
(1) Members of the Parliament shall have the right to request
explanations from the Government of the Republic and its
members, the Chairman of the Council of the Bank of Estonia,
the President of the Bank of Estonia, the Auditor-General, the
Legal Chancellor, and the Commander or Commander-in-Chief
of the Defense Forces.
(2) Requests for explanations must be answered at a session of
the Parliament within twenty session days.
Article 75 [Remuneration]
The remuneration of members of the Parliament and restrictions
on other income shall be determined by law, which may be
amended for the next complement of the Parliament.
Article 76 [Immunity]
A member of the Parliament enjoys immunity. Criminal
charges can only be brought against him or her on proposal by
the Legal Chancellor and with the consent of the majority of the
complement of the Parliament.
Chapter V The President of the Republic
Article 77 [Head of State]
The President of the Republic is the Head of State of Estonia.
Article 78 [Functions]
The President of the Republic shall:
1) represent the Republic of Estonia in international
relations;
2) appoint and recall, on proposal by the Government,
diplomatic representatives of the Republic of Estonia and accept
letters of credence of diplomatic representatives accredited in
Estonia;
3) declare regular Parliament elections, and early elections for
the Parliament, in accordance with Articles 89, 97,
105 and 119;
4) convene the new complement of the Parliament in
accordance with Article 66, and shall open its first
session;
5) propose to the Speaker of the Parliament to convene an
extraordinary session of the Parliament in accordance
with Article 68;
6) proclaim laws in accordance with Articles 05 and
107 and shall sign documents of ratification;
7) issue edicts in accordance with Articles 109 and
110;
8) initiate amendments to the Constitution;
9) determine the candidate for Prime Minister in accordance
with Article 89;
10) appoint and recall members of the Government, in
accordance with Articles 89, 90 and 92;
11) present proposals to the Parliament for appointments to the
offices of the Chairman of the National Court, the Chairman of
the Council of the Bank of Estonia, the Auditor-General, the
Legal Chancellor and the Commander or the
Commander-in-Chief of the Defense Forces;
12) appoint, on proposal by the Council of the Bank of Estonia,
the President of the Bank of Estonia;
13) appoint judges on proposal by the National Court;
14) appoint and recall from office the Government of the
Republic and, on proposal by the Commander of the Defense
Forces, officers in the Defense Forces;
15) confer civil and military honors and diplomatic
ranks;
16) be the Supreme Commander of Estonia's national
defense;
17) present proposals to the Parliament on declarations of a
state of war, on orders for mobilization and demobilization and,
in accordance with Article 129, on proclamations of a state
of emergency;
18) declare, in cases of armed aggression against Estonia, a
state of war, shall issue orders for mobilization and shall
appoint a Commander-in-Chief of the Defense Forces, in
accordance with Article 128;
19) grant mercy, on the request of prisoners, by freeing those
sentenced or reducing the sentence;
20) initiate the placing of criminal charges against the Legal
Chancellor, in accordance with Article 145.
Article 79 [Election]
(1) The President of the Republic shall be elected by the
Parliament, or, in the case described in Paragraph (4), by the
Electoral Body.
(2) The right to present a candidate for President of the
Republic shall rest with at least one-fifth of the complement of
the Parliament.
(3) Any Estonian citizen by birth, who is at least forty years of
age, may be presented as a candidate for President of the
Republic.
(4) The President of the Republic shall be elected by secret
ballot. Each member of the Parliament shall have one vote. A
candidate who is supported by a two-thirds majority of the
complement of the Parliament shall be considered to be elected.
Should no candidate receive the required majority, then a new
vote shall be organized on the next day. Before the second
round of voting, there shall be a new presentation of candidates.
Should no candidate receive the required majority in the second
round, then a third round of voting shall be organized on the
same day between the two candidates who received the most
votes in the second round. Should the President of the
Republic still not be elected in the third round of voting, the
Speaker of the Parliament shall convene, within one month, an
Electoral Body to elect the President of the Republic.
(5) The Electoral Body shall be comprised of the members of
the Parliament and representatives of the local government
council. Each local government council shall elect at least one
representative, who must be an Estonian citizen, to the
Electoral Body.
(6) The Parliament shall present to the Electoral Body as
candidates for President the two candidates who received the
greatest number of votes in the Parliament. The right to
present a presidential candidate shall also rest with at least
twenty-one members of the Electoral Body.
(7) The Electoral Body shall elect the President of the Republic
with a majority of those members of the Electoral Body who
are present. Should no candidate be elected in the first round,
a second round of voting shall be organized on the same day
between the two candidates who received the highest number of
votes.
(8) Further procedures for the election of the President of the
Republic shall be determined by the Law On Electing the
President of the Republic.
Article 80 [Term]
(1) The President of the Republic shall be elected for a term of
five years. No person may be elected to the office of President
of the Republic for more than two consecutive terms.
(2) The regular election for President of the Republic shall be
held no earlier than sixty and no later than ten days before the
end of the term of the President of the Republic.
Article 81 [Oath]
The President of the Republic shall assume office by swearing
the following oath of office to the Estonian people before the
Parliament:
"In assuming the office of President of the Republic, I (given-
and surname) hereby solemnly swear that I will unswervingly
defend the Constitution and the laws of the Republic of Estonia,
exercise the power entrusted to me in a just and equitable
manner, and honorably fulfil my duties to the best of my ability
and to the best of my understanding, for the benefit of the
Estonian people and the Republic of Estonia."
Article 82 [Termination of Authority]
The authority of the President of the Republic shall terminate
on:
1) resigning from office;
2) being convicted of an offense;
3) his or her death;
4) a new President of the Republic assuming office.
Article 83 [Inability]
(1) If the President of the Republic, according to a resolution
by the Parliament, is continuously unable to fulfil his or her
duties due to the state of health, or he or she is unable to fulfil
them temporarily, in cases specified by law, or his or her term
has ended prematurely, his or her duties shall temporarily be
transferred to the Speaker of the Parliament.
(2) During the period when the Speaker of the Parliament is
fulfilling the duties of the President of the Republic, his or her
authority as a member of the Parliament shall be suspended.
(3) The Speaker of the Parliament as acting President of the
Republic shall not have the right to declare early elections for
the Parliament or to refuse to proclaim laws, without the
consent of the National Court.
(4) Should the President of the Republic be unable to fulfil his
or her duties for over three consecutive months, or if his or her
authority has terminated prematurely, the Parliament shall elect
a new President of the Republic within fourteen days, in
accordance with Article 79.
Article 84 [Incompatibility]
Upon assuming office, the authority and duties of the President
of the Republic in all elected and appointed offices shall cease,
and he or she shall suspend his or her membership in political
parties.
Article 85 [Immunity]
The President of the Republic may be charged with a criminal
offence only on proposal by the Legal Chancellor, with the
consent of the majority of the complement of the Parliament.
Chapter VI The Government of the Republic
Article 86 [Executive Power]
Executive power shall be held by the Government of the Republic.
Article 87 [Functions]
The Government of the Republic shall:
1) implement national domestic and foreign policies;
2) direct and coordinate the work of government
institutions;
3) organize the implementation of legislation, the resolutions of
the Parliament, and the edicts of the President of the
Republic;
4) submit draft legislation to the Parliament, as well as foreign
treaties for either ratification or denunciation;
5) prepare a draft of the national budget and present it to the
Parliament, shall administer the implementation of the national
budget, and present a report on the implementation of the
budget to the Parliament;
6) issue ordinances and directives for fulfillment in accordance
with the law;
7) organize relations with foreign states;
8) declare, in the case of natural disasters and catastrophes or in
order to impede the spread of infectious diseases, a state of
emergency throughout the nation or in parts thereof;
9) fulfil other tasks which have been placed under its
jurisdiction by the Constitution and laws.
Article 88 [Composition]
The Government of the Republic shall be comprised of the
Prime Minister and Ministers.
Article 89 [Nomination of Prime Minister]
(1) The President of the Republic, within fourteen days after the
Government of the Republic has resigned, shall nominate a
candidate for Prime Minister, who shall be tasked with forming
a new government.
(2) The candidate for Prime Minister shall report to the
Parliament, within fourteen days of being assigned the task of
forming a government, the bases for the formation of the new
government, after which the Parliament shall decide, without
negotiation and by an open vote, on giving the candidate for
Prime Minister the authority to form a Government.
(3) The candidate for Prime Minister who has received
authority from the Parliament to form a government, shall
present, within seven days, the composition of the Government
to the President of the Republic, who shall appoint the
Government within three days.
(4) If the candidate for Prime Minister, nominated by the
President of the Republic, does not receive the majority of
yes-votes in the Parliament, or is unable to form a Government,
or abstains, the President of the Republic shall have the right to
present another candidate for Prime Minister within seven days.
(5) If the President of the Republic does not present another
candidate for Prime Minister within seven days, or abstains, or
if this candidate is unable to obtain authority from the
Parliament, in accordance with the conditions and time
restraints in Paragraphs (2) and (3), or is unable to form a
Government, or abstains, the right to present a candidate for
Prime Minister shall be transferred to the Parliament.
(6) The Parliament shall present a candidate for Prime Minister,
who shall present the composition of the Government to the
President of the Republic. If, within fourteen days from the
transfer of the right to present a candidate for Prime Minister to
the Parliament, the composition of the Government has not been
presented to the President of the Republic, the President of the
Republic shall declare early elections for the Parliament.
Article 90 [Composition]
Changes to the composition of those appointed to the
Government of the Republic shall be made by the President of
the Republic, on proposal by the Prime Minister.
Article 91 [Oath]
The Government shall take office by swearing an oath of office
before the Parliament.
Article 92 [Resignation]
(1) The Government of the Republic shall resign:
1) on the new complement of the Parliament convening;
2) on the resignation or death of the Prime Minister;
3) when the Parliament expresses no-confidence in the
Government or the Prime Minister.
(2) The President of the Republic shall discharge the
Government of the Republic when the new Government
assumes office.
Article 93 [Functions of Prime Minister]
(1) The Prime Minister shall represent the Government of the
Republic and shall direct its work.
(2) The Prime Minister shall appoint two Ministers who shall
have the right to substitute for the Prime Minister during his or
her absence. The procedures for the substitution shall be
determined by the Prime Minister.
Article 94 [Ministries]
(1) Appropriate Ministries shall be established in accordance
with the law, for the purpose of executing particular functions
of government.
(2) A Minister shall head a Ministry, organize the handling of
issues which belong to the sphere of activity of the Ministry,
shall issue directives and ordinances to be fulfilled on the basis
of the law, and shall fulfil other duties which have been
imposed, on the basis and in accordance with procedures
determined by law.
(3) Should the Minister be temporarily unable to fulfil his or
her duties, due to illness or other hindrances, the Prime
Minister shall transfer the Minister's duties to another Minister
for that time period.
(4) The President of the Republic may appoint, on proposal by
the Prime Minister, other Ministers who do not head Ministries.
Article 95 [State Chancellery]
(1) A State Chancellery shall be within the Government, and
shall be headed by the State Secretary.
(2) The State Secretary shall be appointed and recalled by the
Prime Minister.
(3) The State Secretary shall participate in Government
sessions, with the right to speak.
(4) The State Secretary shall have the same rights in heading
the State Chancellery which are specified by law for a Minister
in heading a Ministry.
Article 96 [Sessions of the Government]
(1) Sessions of the Government of the Republic shall be closed,
unless the Government decides otherwise.
(2) The Government shall make decisions on proposal by the
Prime Minister or by the appropriate Minister.
(3) Ordinances by the Government shall be in effect when they
carry the signatures of the Prime Minister, the appropriate
Minister and the State Secretary.
Article 97 [Vote of No-Confidence]
(1) The Parliament may express no-confidence in either the
Government of the Republic, the Prime Minister or a Minister
by a resolution adopted by the majority of the complement of
the Parliament.
(2) The issue of no-confidence may be initiated by at least
one-fifth of the complement of the Parliament by submitting a
written motion at a session of the Parliament.
(3) The issue of expressing no-confidence may come up for
resolution no earlier than two days after its being submitted,
unless the Government demands speedier resolution.
(4) In the case of no-confidence being expressed in the
Government or the Prime Minister, the President of the
Republic may, on proposal by the Government and within three
days, declare early elections.
(5) In the case of no-confidence being expressed in a Minister,
the Speaker of the Parliament shall notify the President of the
Republic, who shall recall the Minister from office.
(6) The expression of no-confidence on the same grounds may
be re-initiated no earlier than three months after the previous
no-confidence vote.
Article 98 [Draft Tied to Vote of No-Confidence]
(1) The Government of the Republic may tie the adoption of a
draft, which it has presented to the Parliament, with the issue of
no-confidence.
(2) Voting may not take place any earlier than two days after
the tying of the draft with the issue of no-confidence. Should
the Parliament reject the draft, the Government shall resign.
Article 99 [Incompatibility]
Members of the Government of the Republic may not hold any
other public office or belong to the leadership or council of a
commercial enterprise.
Article 100 [Government in Parliament]
Members of the Government of the Republic may participate,
with the right to speak, in sessions of the Parliament and its
committees.
Article 101 [Immunity]
(1) A member of the Government of the Republic may be
charged with a criminal offence only on proposal by the Legal
Chancellor, with the consent of the majority of the complement
of the Parliament.
(2) The authority of a member of the Government shall
terminate when a guilty verdict comes into effect.
Article 102 [Rule of Law]
Laws shall be adopted in accordance with the Constitution.
Article 103 [Initiative]
(1) The right to initiate laws shall rest with:
1) members of the Parliament;
2) factions of the Parliament;
3) Parliament committees;
4) the Government of the Republic;
5) the President of the Republic for amendments to the
Constitution.
(2) The Parliament shall have the right, with a resolution
adopted by a majority of its complement, to propose to the
Government of the Republic that it initiate a draft desired by the
Parliament.
Article 104 [Procedures, Qualified Majority]
(1) Procedures for the adoption of laws shall be determined by
the Law On the Parliament By-Laws.
(2) The following laws may be adopted or amended only by a majority of the complement
of the Parliament:
1) Law On Citizenship;
2) Law On the Parliament Elections;
3) Law On Electing the President of the Republic;
4) Law On Local Government Elections;
5) Referendum Law;
6) Law On the Parliament By-Laws and Law On the Parliament
Procedures;
7) Law On the Salaries of the President of the Republic and the
Members of the Parliament;
8) Law On the Government of the Republic;
9) Law On Court Procedures Against the President of the
Republic and the Members of the Government;
10) Law On Cultural Autonomy For Ethnic Minorities;
11) Law On the National Budget;
12) Law On the Bank of Estonia;
13) Law On the State Audit Office;
14) Law On the Organization of the Courts and On Court
Procedures;
15) Laws pertaining to external and internal loans, and state
asset obligations;
16) Law on A State of Emergency;
17) Law on Peacetime National Defense and Wartime National
Defense.
Article 105 [Referendum]
(1) The Parliament shall have the right to put draft legislation or
other national issues to a referendum.
(2) The decision of the people shall be determined by the
majority of those participating in the referendum.
(3) A law which has been adopted by referendum shall be
immediately proclaimed by the President of the Republic. The
referendum decision shall be binding on all state bodies.
(4) Should the draft law which has been put to referendum not
receive a majority of yes-votes, the President of the Republic
shall declare early elections for the Parliament.
Article 106 [Financial Laws]
(1) Issues related to the budget, taxes, the financial obligations
of the state, the ratification of foreign treaties, and the
enactment and ending of a state of emergency may not be put to
referendum.
(2) Procedures for referenda shall be determined by the
Referendum Law.
Article 107 [Proclamation]
(1) Laws shall be proclaimed by the President of the Republic.
(2) The President of the Republic shall have the right not to
proclaim a law adopted by the Parliament, and to return the law
to the Parliament, within fourteen days of receiving it, together
with the reasons for its rejection. If the Parliament adopts a
law which has been returned by the President of the Republic,
without amendments, the President of the Republic shall
proclaim the law, or propose to the National Court that it
declare the law to be in conflict with the Constitution. If the
National Court declares the law to be in accordance with the
Constitution, the President of the Republic shall proclaim the
law.
Article 108 [Coming Into Force]
A law shall come into force on the tenth day after its
publication in the National Gazette, unless the law itself
determines otherwise.
Article 109 [Presidential Edicts]
(1) If the Parliament is prevented from convening, the President
of the Republic shall have the right, in matters of national
interest which cannot be postponed, to issue edicts which have
the force of law, and which shall bear the co-signatures of the
Speaker of the Parliament and the Prime Minister.
(2) When the Parliament convenes, the President of the
Republic shall present such edicts to the Parliament, which shall
immediately adopt a law either confirming or repealing the
edicts.
Article 110 [Restriction to Presidential Edicts]
Neither the Constitution, the laws listed in Article 104, nor
laws determining state taxes or the national budget can be
enacted, amended or repealed by edicts issued by the President
of the Republic.
Chapter VIII Finance and the National Budget
Article 111 [Currency, Stability]
The sole right to issue currency in Estonia shall rest with the
Bank of Estonia. The Bank of Estonia shall organize currency
circulation, and promote the stability of a good national
currency.
Article 112 [Rule of Law, Report to Parliament]
The Bank of Estonia shall operate in accordance with the law,
and shall report to the Parliament.
Article 113 [Taxation]
State taxes, fees, levies, penalties and compulsory insurance
payments shall be determined by law.
Article 114 [Control]
Procedures for the control, use and command of national assets
shall be determined by law.
Article 115 [Budget]
(1) The Parliament shall adopt, as a law, a budget for all state income and
expenditure for each year.
(2) The Government of the Republic shall present a draft
national budget to the Parliament no later than three months
before the commencement of the budget year.
(3) On proposal by the Government, the Parliament may adopt
a supplementary budget during the budget year.
Article 116 [Amendment to the National Budget]
(1) Proposed amendments to the national budget or to its draft,
which require a decrease in income, an increase of
expenditures, or a re-distribution of expenditures, as prescribed
in the draft national budget, must be accompanied by the
necessary financial calculations, prepared by the initiators,
which indicate the sources of income to cover the proposed
expenditures.
(2) The Parliament may not eliminate or reduce in the national
budget or its draft those expenditures which have been
prescribed by other laws.
Article 117 [Procedures for the Budget]
The procedures for the preparation and adoption of the budget
shall be determined by law.
Article 118 [Budget Year]
The national budget adopted by the Parliament shall enter into
force from the beginning of the budget year. If the Parliament
does not adopt the national budget by the beginning of the
budget year, it shall be permitted to make expenditures each
month up to one-twelfth of the expenditures of the previous
budget year.
Article 119 [Failure to Adopt a Budget]
If the Parliament has not adopted the budget within two months
of the beginning of the budget year, the President of the
Republic shall declare early elections for the Parliament.
Chapter IX Foreign Relations and Foreign Treaties
Article 120 [International Relations]
Procedures for the relations of the Republic of Estonia with
other states and with international organizations shall be
determined by law.
Article 121 [Ratification of Treaties]
The Parliament shall ratify and denounce treaties of the
Republic of Estonia:
1) which amend state borders;
2) the implementation of which requires the adoption,
amendment or annulment of Estonian laws;
3) by which the Republic of Estonia joins international
organizations or leagues;
4) by which the Republic of Estonia assumes military or assets
obligations;
5) where ratification is prescribed.
Article 122 [Land Border]
(1) The land border of Estonia shall be determined by the Tartu
Peace Treaty of February 2, 1920, and other international
border treaties. The sea and air borders of Estonia shall be
determined on the basis of international conventions.
(2) A two-thirds majority of the complement of the Parliament
shall be mandatory for the ratification of treaties which amend
Estonian state borders.
Article 123 [Restrictions to Treaties]
(1) The Republic of Estonia shall not conclude foreign treaties
which are in conflict with the Constitution.
(2) If Estonian laws or other acts are in conflict with foreign
treaties ratified by the Parliament, the articles of the foreign
treaty shall be applied.
Article 124 [Duty to Service]
(1) Citizens of the Republic of Estonia shall be obligated to participate in
national defense, in accordance with the bases and procedures determined by
law.
(2) Those who refuse service in the Defense Forces for
religious or ethical reasons shall be obligated to participate in
alternative service, in accordance with the procedures
prescribed by law.
(3) Unless the law, considering the special interests of the
service, determines otherwise, persons in the Defense Forces or
in alternative service shall have all constitutional rights, liberties
and obligations. The rights and liberties prescribed in Article 8
(3) and (4), Articles 11-18, Article 20 (3), Articles
21-28, Article 32, Article 33, Articles 36-43,
Article 44 (1) and (2), Articles 49-51 may not be
restricted. The legal status of persons in the Defense Forces
and alternative service shall be determined by law.
Article 125 [Political Restrictions]
A person in active service may not hold elected or appointed
office nor participate in the activities of any political party.
Article 126 [Organizational Law]
(1) The organization of the Estonian Defense Forces and the
national defense organizations shall be determined by law.
(2) The organization of national defense shall be determined by
the Peacetime National Defense Law and the Wartime National
Defense Law.
Article 127 [Supreme Command]
(1) The supreme commander of national defense shall be the
President of the Republic.
(2) The National Defense Council shall be an advisory body for
the President of the Republic, and its composition and tasks
shall be determined by law.
(3) The Estonian defense forces shall be headed by the
Commander of the Defense Forces in peacetime, and the
Commander-in-Chief of the Defense Forces during a state of
war. The Commander and Commander-in-Chief of the Defense
Forces shall be appointed and recalled by the Parliament, on
proposal by the President of the Republic.
Article 128 [State of War]
(1) The Parliament shall declare, on proposal by the President
of the Republic, a state of war, order mobilization and
de-mobilization, and shall decide on the utilization of the
Defense Forces to fulfil the international obligations of the
Estonian nation.
(2) In the case of aggression directed against the Republic of
Estonia, the President of the Republic shall declare a state of
war and mobilization, and shall appoint the
Commander-in-Chief of the Defense Forces, without waiting for
a resolution to be adopted by the Parliament.
Article 129 [State of Emergency]
(1) In the case of a threat to the Constitutional system of
government, the Parliament may declare, on proposal by the
President of the Republic or the Government of the Republic
and with a majority of its complement, a state of emergency in
the whole country, with a duration of no longer than three
months.
(2) Regulations for a state of emergency shall be determined by
law.
Article 130 [Restrictions During State of Emergency]
During a state of emergency or a state of war, the rights and
liberties of persons may be restricted, and obligations placed
upon them, in the interests of national security and public
order, in the cases, and in accordance with procedures
prescribed by law. Rights and liberties determined by Article
8, Articles 11-18, Article 20 (3), Article 22,
Article 23, Article 24 (2) and (4), Article 5,
Article 27, Article 28, Article 36 (2), Article
40, Article 41, Article 9 and Article 51 (1)
may not be restricted.
Article 131 [Authority During State of Emergency]
(1) During a state of emergency or a state of war there shall be
no elections for the Parliament, the President of the Republic or
representative bodies of local government, nor can their
authority be terminated.
(2) The authority of the Parliament, the President of the
Republic, and representative bodies of local government shall
be extended if they should end during a state of emergency or
state of war, or within three months of the end of a state of
emergency or state of war. In these cases, new elections shall
be declared within three months of the end of a state of
emergency or a state of war.
Article 132 [Independence, Economic Control]
The State Audit Office shall be an independent state institution
with responsibility for economic control.
Article 133 [Functions]
State Audit Office shall supervise:
1) the economic activity of state institutions, state enterprises
and other organizations;
2) the use and preservation of state assets;
3) the use and control of state assets which has been transferred
to the jurisdiction of local government;
4) the economic activity of such enterprises where the state has
over half of the votes determined by the shares or stocks, or
whose loans or contractual obligations are guaranteed by the
state.
Article 134 [Auditor-General]
(1) The State Audit Office shall be headed by the
Auditor-General, who shall be appointed and recalled by the
Parliament, on proposal by the President of the Republic.
(2) The term of office for the Auditor-General shall be five
years.
Article 135 [Annual Report]
The Auditor-General shall present to the Parliament an annual
report on the use and preservation of state assets during the
previous budget year at the time of the debate in the Parliament
on the implementation of the national budget.
Article 136 [Auditor-General in Government]
(1) The Auditor-General shall have the right to participate in
sessions of the Government of the Republic with the right to
speak on issues related to his or her duties.
(2) The Auditor-General shall have, in heading his or her
office, the same rights which are specified by law for a
Minister in heading a Ministry.
Article 137 [Organization by Law]
The organization of the State Audit Office shall be determined
by law.
Article 138 [Immunity]
The Auditor-General may be charged with a criminal offence
only on proposal by the Legal Chancellor, with the consent of
the majority of the complement of the Parliament.
Chapter XII The Legal Chancellor
Article 139 [Independence, Functions]
(1) The Legal Chancellor shall be, in conducting his or her
work, an independent official supervising the accordance with
the Constitution and legislation of the legal acts issued by the
state legislature and executive, as well as by local government
bodies.
(2) The Legal Chancellor shall analyze the proposals made to
him or her for amending legislation and adopting new laws, as
well as for the work of government institutions, and, if
necessary, shall present a report to the Parliament.
(3) The Legal Chancellor shall, in the cases referred to
in Articles 76, 85, 101, 138, 53, propose
to the Parliament to bring criminal charges against a member of
the Parliament, the President of the Republic, a member of the
Government of the Republic, the Auditor-General, the
Chairman of the National Court or a member of the National
Court.
Article 140 [Appointment]
(1) The Legal Chancellor shall be appointed by the Parliament,
on proposal by the President of the Republic, for a term of
seven years.
(2) The Legal Chancellor may be removed from office only by
a Court decision.
Article 141 [Powers, Legal Chancellor in Parliament and Government]
(1) The Legal Chancellor, in heading his or her office, shall
have all the rights which are accorded to a Minister in heading
a Ministry.
(2) The Legal Chancellor shall have the right to participate in
sessions of the Parliament and in sessions of the Government of
the Republic, with the right to speak.
Article 142 [Constitutional Review]
(1) If the Legal Chancellor considers that a legal act issued by
the state legislature or executive or by a local government is in
conflict with the Constitution or a law, he or she shall propose
to the body which has adopted that act to bring the act into
accordance with the Constitution or law within twenty days.
(2) If the act is not brought into accordance with the
Constitution or law within twenty days, the Legal Chancellor
shall apply to the National Court to declare the act null and
void.
Article 143 [Annual Report]
The Legal Chancellor shall present an annual report to the
Parliament on the accordance with the Constitution and
legislation of legal acts issued by the state legislature and
executive and by local government.
Article 144 [Status by Law]
The legal status of the Legal Chancellor and the organization of
his or her office shall be determined by the law.
Article 145 [Immunity]
The Legal Chancellor may be charged with a criminal offence
only on proposal by the President of the Republic and with the
consent of the majority of the complement of the Parliament.
Article 146 [Independence]
Justice shall be administered only by the Courts. The Courts shall be independent
in their work and shall administer justice in accordance with the Constitution
and laws.
Article 147 [Term, Incompatibility]
(1) Judges shall be appointed for life. The bases and
procedures for recalling judges shall be determined by law.
(2) Judges may be recalled only by a Court decision.
(3) Judges may not hold any other elected or appointed office,
except in cases prescribed by law.
(4) Guarantees for the independence and the legal status of judges shall be
determined by law.
Article 148 [Court System]
(1) The court system shall be comprised of:
1) rural and city courts, as well as administrative
courts;
2) district courts;
3) the National Court.
(2) The creation of special courts to handle some categories of
court cases shall be determined by law.
(3) The establishment of emergency courts shall be prohibited.
Article 149 [Court Levels]
(1) Rural and city courts, as well as administrative courts shall
be first level courts.
(2) District courts shall be second level courts, and they shall
examine the decisions of the first level courts as appeal
procedures.
(3) The National Court is the highest court in the land, which examines court
decisions as appeal procedures. The National Court is also the court for constitutional
supervision.
(4) The court system and court proceedings shall be regulated
by law.
Article 150 [National Court]
(1) The Chairman of the National Court shall be appointed by
the Parliament, on proposal by the President of the Republic.
(2) Members of the National Court shall be appointed by the
Parliament, on proposal by the Chairman of the National Court.
(3) Other judges shall be appointed by the President of the
Republic, on proposal by the National Court.
Article 151 [Organization by Law]
The organization of representation, defense, state prosecution
and supervision of legality in Court procedures shall be
determined by law.
Article 152 [Constitutional Review by National Court]
(1) If any law or another legal act is in conflict with the
Constitution, it shall not be applied by the Court in trying a
case.
(2) If any law or other legal act is in conflict with the
provisions and spirit of the Constitution, it shall be declared
null and void by the National Court.
Article 153 [Immunity of Judges]
(1) A judge may be charged with a criminal offence during his
or her term of office only on proposal by the National Court
and with the consent of the President of the Republic.
(2) The Chairman of the National Court and its members may
be charged with a criminal offence only on proposal by the
Legal Chancellor and with the consent of the complement of the
Parliament.
Article 154 [Local Government Functions]
(1) All local issues shall be resolved and regulated by local government, which
shall operate independently in accordance with the law.
(2) Obligations may be imposed upon local government only in
accordance with the law or in agreement with local government.
Expenditures related to the obligations imposed on local
government by law shall be covered from the national budget.
Article 155 [Units]
The units of local government are districts and towns. Other
units of local government may be formed in accordance with
the bases and procedures determined by law.
Article 156 [Representation]
(1) The representative body of local government shall be the
council, which shall be elected in free elections for a term of
three years. The elections shall be general, uniform and direct.
Voting shall be secret.
(2) In the election of the local government council, all persons
who have reached the age of eighteen years and who reside
permanently on the territory of that local government unit shall
have the right to vote, in accordance with conditions determined
by law.
Article 157 [Budget]
(1) Local government shall have independent budgets, for which
the principles of formation and procedures shall be determined
by law.
(2) Local governments shall have the right, based on the law, to
impose and collect taxes and to impose fees.
Article 158 [Borders]
Borders of local government units may not be altered without
taking into consideration the opinion of the respective local
governments.
Article 159 [Joint Institutions]
Local governments shall have the right to form leagues and
joint institutions together with other local governments.
Article 160 [Organization by Law]
The organization of local government and the supervision of its
work shall be determined by law.
Chapter XV Amendments to the Constitution
Article 161 [Initiative]
(1) The right to initiate amendments to the Constitution shall
rest with at least one-fifth of the complement of the Parliament
and with the President of the Republic.
(2) Amendments to the Constitution may not be initiated, nor
the Constitution amended, during a state of emergency or a
state of war.
Article 162 [Referendum]
Chapter I 'General Provisions' and Chapter XV
'Amendments to the Constitution' may be amended only by
referendum.
Article 163 [Proceedings]
(1) The Constitution may be amended by a law which is
adopted by:
1) referendum;
2) two successive complements of the Parliament;
3) the Parliament, in matters of urgency.
(2) A draft law to amend the Constitution shall be considered
during three readings in the Parliament, whereby the interval
between the first and second readings shall be at least three
months, and the interval between the second and third readings
shall be at least one month. The manner in which the
Constitution is amended shall be decided at the third reading.
Article 164 [Majority for Referendum]
In order to put a proposed amendment to the Constitution to
referendum, the approval of a three-fifths majority of the
complement of the Parliament shall be mandatory. The
referendum shall not be held earlier than three months from the
time that such a resolution is adopted in the Parliament.
Article 165 [Majority for Adoption by Parliament]
(1) In order to amend the Constitution by two successive
complements of the Parliament, the draft law to amend the
Constitution must receive the support of the majority of the
complement of the Parliament.
(2) If the next complement of the Parliament adopts the draft
which received the support of the majority of the previous
complement, without amendment, on its first reading and with a
three-fifths majority of its complement, the law to amend the
Constitution shall be adopted.
Article 166 [Very Qualified Majority]
A proposal to consider a proposed amendment to the
Constitution as a matter of urgency shall be adopted by the
Parliament by a four-fifths majority. In such a case the law to
amend the Constitution shall be adopted by a two-thirds
majority of the complement of the Parliament.
Article 167 [Proclamation]
The law to amend the Constitution shall be proclaimed by the
President of the Republic and it shall enter into force on the
date determined by the same law, but not earlier than three
months after its proclamation.
Article 168 [Limit to Re-Introduction]
An amendment to the Constitution dealing with the same issue
may not be re-introduced within one year of the rejection of the
respective draft by referendum or by the Parliament.